How is the EB-1A Substantial Prospective Benefit Requirement interpreted by USCIS?
What is the EB-1A Substantial Prospective Benefit Requirement?
The EB-1A visa category provides a prestigious path to U.S. permanent residency for individuals who have demonstrated extraordinary ability in fields such as science, the arts, business, education, or athletics. However, beyond showcasing past achievements, applicants must also prove that their work will provide a substantial prospective benefit to the United States. This aspect of the EB-1A visa has gained even more prominence in recent years, particularly following changes brought on by executive policies like the Trump Administration’s Buy America, Hire America Executive Order.
In this post, we’ll explore what the substantial prospective benefit requirement entails, how it was shaped by recent policy changes, and how case law, such as Matter of Price, impacts its application. We’ll also reference additional resources and insights to help applicants strengthen their cases in meeting this crucial requirement.
Understanding the Substantial Prospective Benefit Requirement
To qualify for an EB-1A visa, applicants must demonstrate not only that they possess extraordinary abilities, but also that their continued work in the U.S. will bring substantial prospective benefit. Essentially, this means the applicant’s skills, achievements, or future contributions should directly or indirectly advance U.S. interests—whether in scientific innovation, economic growth, job creation, or, more broadly, the scope of impact on U.S. citizens in the field (i.e. coaches, athletes).
For instance, a researcher developing groundbreaking technology or an artist whose work raises the global profile of the U.S. would need to provide evidence of how their contributions will continue to impact their field and the nation. In athletics, a coach and athlete who is world-ranked or a major international medalist, serves to elevate the competitiveness and development of U.S. individuals and teams, in furtherance of the objectives of the National Sports Governing Body (NGB). For more on the broader benefits of applying under the EB-1 category, see The Benefits of Applying Under the EB-1 Visa Category.
How the Buy America, Hire America Executive Order Shaped EB-1A Adjudications
In 2017, the Trump Administration introduced the Buy America, Hire America Executive Order, a sweeping presidential policy designed to protect U.S. workers and industries by scrutinizing employment-based immigration. This order heightened the focus on ensuring that any immigrant coming to the U.S., particularly through employment-based visas, would offer tangible benefits to the country.
For EB-1A applicants, this meant that USCIS began requiring more robust evidence that the applicant’s work would provide significant future benefit. This shift in policy pushed applicants to focus more on demonstrating long-term national impact, such as the potential for economic growth or advancements in their fields that would benefit U.S. society. The implications and breadth of the Buy America, Hire America Executive Order have had lasting effects on present-day EB-1 adjudication, with the Substantial Prospective Benefit requirement frequently raised in Requests for Evidence (RFEs).
The Matter of Price Case and Its Influence on the EB-1A Visa
One of the most significant cases that shaped the interpretation of the EB-1A's substantial prospective benefit requirement is the Matter of Price 20 I&N Dec. 953 (Assoc. Comm. 1994). This case established that even major league athletes don't automatically qualify as having "extraordinary ability" and discussed the requirement that a person's entry must substantially benefit the United States in the future. The decision clarified how the Substantial Prospective Benefit is to be interpreted by USCIS, specifically, “the phrase "substantially benefit" is interpreted broadly, and there is no standard rule for what will qualify. A fact-dependent assessment of the case is required to determine if the petitioner's employment meets this requirement.”.
The case emphasized the importance of not just highlighting past accomplishments, but also clearly outlining how the applicant’s future contributions would continue to serve U.S. interests at national-level. For example, applicants must provide concrete evidence such as letters from U.S. experts/organizations or a detailed letter of intent that elucidates how the applicant will serve and advance U.S. interests in the respective occupational field.
Matter of Price set a higher standard for proving substantial prospective benefit and meeting the EB-1A approval threshold, therefore making it critical for EB-1A applicants to present well-documented, forward-looking evidence of their ongoing impact. For more guidance on meeting EB-1A requirements, you can check out EB-1A Green Card: A Guide to Meeting the Requirements.
Conclusion: Building a Strong EB-1A Application
The substantial prospective benefit requirement is a crucial element of a successful EB-1A visa application. With the lasting policy changes driven by the Buy America, Hire America Executive Order and the precedent set by Matter of Price, it’s more important than ever, with present-day USCIS EB-1 adjudication, for applicants to demonstrate how their work will benefit the U.S. in tangible ways and triangulate such documentation with that used to support national and/or international acclaim and rank among the small percentage at the top of the field.
If you are considering applying for an EB-1A visa, working with experienced immigration attorneys can make a significant difference in building a compelling case. At Fraser Immigration Law PLLC, our attorney specializes in assisting extraordinary individuals through the complex process of applying for an EB-1A visa. Visit the link here to schedule a consultation for a case evaluation.
For additional guidance on visa processes, feel free to read The Benefits of Applying Under the EB-1 Visa Category or explore our Unlocking the Future: How the EB-1A Visa Aligns With Leaders in Next-Generation Technology.